I think a few of you missed what I said. This person sounded like they took "Donations" as in money not fruit. Sounded like this, "Hey how much for a bottle of your wine? I am sorry I can't sell homeade wine, but if you would like to make a cash donation towards the cost of fruit, etc. that would be ok."

Sounds like bootlegging to me, but hey people have been doing it 100 years, I doubt it will change now.

Still illegal, doesn't matter if "people have been doing it 100 years"...

As much as many of us would like to recover some of the costs associated with brewing, it's not worth the pain. I'd rather have someone come over and physically help me out on a brew day, while enjoying a few. IMO, that's either being a friend, or good neighbor.

Quote:

Originally Posted by cwebb

Golddiggie,
Hopping Tango Brewery, that is one awesome name.

Thanks... Started off as a reference to COD, but has morphed into a honorable mention for my father and the last dog we/he had. I have a good friend working on a logo for me (free ) which I hope to have soon. He's not the fastest to reply, but he does work during the day (bastard). If I can't get the logo as I want, I might have to revert it to the original meaning.

I recently accompanied a group to a local brewery this summer. Brewery tours cost $20 which includes unlimited "free samples" which would, obviously, be illegal to sell directly out of the brewery on a cash basis.

They arw licensed to commercially brew and to sell beer.

Aside from the federal laws about bootlegging, you can't even sell homemade hot sauce without proper food production licensing and an approved commercial kitchen.
This is one more set of laws you would be in violation of if you were busted for selling homebrew.

Then they have the option of saying you are running a business by taking money for something you make.
The bootlegging is the real one to worry about. That can bring the fed's down on you.

So does that mean if anyone gets you some form of beer/wine making equipment or ingredients as a gift they can not ever drink from said equipment or batch?

Sounds like a good excuse to tell people, NO!

Gifts are gifts, provided (I believe) they have zero expectation of ever getting something you've made as 'payment' or in exchange.

Really, this is more for lawyers to provide answers on. IMO, if you're SMART about it and tell people you cannot accept anything in exchange for the alcoholic beverages you produce, you should be ok.

IF you have a party and people want to help cover the cost of the food, etc. but NOT the home brewed items, that could/should be ok. If the only thing served WAS the home brewed items, you're boned if you accept payment (believe it's not just money as a form). Not sure how they feel about 'sexual favors' though. Yeah, I couldn't stop myself...

The rules for producing food items for sale is pretty stiff too. For catering you need to have a completely separate kitchen that you use solely for that purpose. You can't use your regular home kitchen for it. You also need to pass inspections among other things. It's almost like the government wants to prevent food based cottage industries/business from forming.

While sitting at the bar at a local winery I overheard an interesting question. The story went like this a person makes wine at home and gives some away but also takes "Donations towards fruit and supplies" for some of it.
So here is what my brain heard, "They found a loop hole around not being able to sell the homemade wine, they take donations". What are your thoughts on this?

Anyone who tells you that he's found a loophole to a law like this is wrong. That's not how laws work.

When it comes to alcohol production, if you think there is any chance it could be illegal and you don't want to pay fines and risk jail, don't do it.
If you really really want to and think you are smart enough to out maneuver the laws, consult an attorney.
They will say don't do it.

Guess my family is going to be PO'ed. Either they have to take back there Christmas gifts, or I can't give them anymore beer....Since the only thing I asked for.......ever....... is GC's to the LHBS. yea right.

Guess my family is going to be PO'ed. Either they have to take back there Christmas gifts, or I can't give them anymore beer....Since the only thing I asked for.......ever....... is GC's to the LHBS. yea right.

Same here. But come on, the government just wants the income tax and licensing money. If you aren't making a profit, I doubt they care. Which is why I don't take money for homebrew; I'm not trying to profit.